1. --- MULZAMAN BA-HARRASAT POLICE HAZAR MULZAMAN KO UDOM SABOOT, O, BRAMDAGEE HESSAB-E-ISSTADA MUQADMA HAZA SAYY DISCHARGE KIA JATA HAY.--- Legality whereof was assailed m these proceedings by contending that the learned Magistrate has acted purely mechanically solely on the police report without application of independent mind, whereupon the respondents were summoned to join the proceedings, during the course of hearing whereof the learned Additional Advocate-General frankly stated that the impugned order is unsustainable while learned counsel for the respondents stated that not only the matter is being reinvestigated at the complainant's instance but also she can avail of the alternative remedy of lodging a private complaint, with which I am not persuaded for the reason that irrespective of the fact that the order impugned is administrative in nature, the Magistrate is not supposed to render his discretion subservient to the police dictate and to act in a pure mechanical fashion, rather is obliged to apply his independent mind to the facts adduced on the record by the investigating agency and to formulate his own opinion, which in the instant case admittedly is lacking; consequently, the impugned order, is set aside and the matter is deemed to be pending before the Court concerned who shall pass such order as may deem fit in accordance with law. The petition stands disposed of with no order as to costs.